Joseph R. Brubaker
Mr. Brubaker is a member of the International section. He focuses on foreign direct investment, international trade and international dispute resolution.
- Foreign Direct Investment: Advises clients in making investments and establishing companies worldwide and has assisted clients in Australia, Belarus, Fiji, Georgia, Hungary, Indonesia, Italy, Luxembourg, Mexico, Nigeria, Panama, the People’s Democratic Republic of Laos, Romania, Sao Tome and Principe, and Sierra Leone in the airport, agriculture, higher education, insurance, mining, oil and gas, trading and charitable industries. Also serves as counsel to clients on real estate acquisitions and construction projects in numerous nations and has concluded transactions in Argentina, Brazil, Chile, Colombia, the Democratic Republic of the Congo, Denmark, England, France, Germany, Ghana, Guatemala, Hong Kong, Italy, India, the Ivory Coast, Japan, Mexico, the Netherlands, Paraguay, Peru, the Philippines, Portugal, Switzerland and South Africa, Taiwan, Thailand, and Zimbabwe.
- International Trade: Advises clients on importing and exporting goods, services and funds. Has advised clients on international trade regulations in the United States and in Europe, including export and anti-boycott regulations (EAR), international traffic in arms regulations (ITAR), anti-money laundering regulations (FinCEN), asset control regulations (OFAC) and food and drug regulations (FDA). He has also advised clients on funds transfers and letters of credit as well as on the anti-bribery (FCPA), anti-terrorism and tax implications of cross-border transactions. Served as counsel to the People’s Republic of China in The Doha Round trade negotiations of the World Trade Organization.
- International Dispute Resolution: Serves as counsel to clients in international disputes and has represented companies and sovereigns in international disputes, including before the World Bank, the World Trade Organization, the United States Supreme Court and the United States Courts of Appeals for the Second and Fourth Circuits. Particular expertise in international arbitration and has served as counsel in successfully enforcing foreign arbitral awards in New
York and Utah under international law.
- Prior Experience: Before joining Kirton McConkie, worked at an international law firm in the Washington D.C., Paris, Tokyo and New York offices and served as counsel to the Republic of Bulgaria, the People’s Republic of China, Republic of the Philippines, Romania and the Republic of Uzbekistan. He also represented the International Finance Corporation, the Bank of Costa Rica and the Bank of China as well as served as counsel to financial institutions in Canada, Indonesia, Jordan, Kazakhstan, and Luxembourg.
- Adjunct Professor: Taught courses on international law as an adjunct professor at the Catholic University, Columbus School of Law in Washington, D.C.
- Clerkship: Served as a clerk at the ICC International Court of Arbitration in Paris, France.
Recent Blog Posts
Perspective: Kirton McConkie Law Blog
- A Sporting Chance? The Court of Arbitration for Sport Regulates Arbitrator-Counsel Role Switching201010 Virginia Sports and Entertainment Law Journal 1
- Twenty-Five Years of the "Prospective Waiver" Doctrine in International Dispute Resolution: Mitsubishi’s Footnote Nineteen Comes to Life in the Eleventh Circuit201064 University of Miami Law Review 1233
- Anti-Suit Injunctions in Aid of Arbitration: the American Approach200912 International Arbitration Law Review 115
- The Judge Who Knew Too Much: Issue Conflicts in International Adjudication200826 Berkeley Journal of International Law 111
- Review: The Law and Practice of Arbitration200617 The American Review of International Arbitration 293
- March 2016Press Release
- February 2016
- International Business Transactions and the Foreign Corrupt Practices Act2016University of Utah Law School, Salt Lake City, Utah
- International Arbitration: Key Issues for Utah Businesses2016World Trade Center Utah and Utah State Bar, Salt Lake City, Utah
- Drafting International Construction Contracts2016International Construction Group, Salt Lake City, Utah
- Religious Liberty and the Middle East2016J. Reuben Clark Law Society, San Diego, CA
- The Foreign Corrupt Practices Act and International Law on Corruption2015University of Utah Law School, Salt Lake City, UT
- International Trade and Economic Sanctions2015Utah Bar Association, Salt Lake City, UT
- Religious Freedom and the Inter-American Court of Human Rights2015J. Reuben Clark Law Society, Phoenix, AZ
- ASIL-ICCA Task Force on Issue Conflicts in International Adjudication2015American Society of International Law, Washington, DC
- Drafting For A Dispute: Liability Limitation and International Arbitration2015International Section, Salt Lake City, Utah
- The Impact of Trade Restrictions on Foreign Direct Investment2015University of Utah Law School, Salt Lake City, UT
- The Debate over Issue Conflict as a Ground for Disqualifying Arbitrators2015Institute for Transnational Arbitration and Institute for Energy Law, Houston, Texas
- The Transatlantic Trade and Investment Partnership and Investor-State Arbitration2015Brigham Young University Law School, Provo, UT
- Navigating Export Control Reform2014Utah Bar Association, St. George, UT
- Understanding International Charities2014University of Utah Law School, Salt Lake City, UT
- Arbitration Clauses in International Contracts2012Utah Bar Association, Salt Lake City, UT
- Money Laundering in International Disputes2012International Disputes Group, Washington, D.C.
- Extraterritorial Garnishment and Due Process2011International Disputes Group, Washington D.C.
- International Dispute Resolution for Judges2011International Law Institute, Washington, D.C.
- The Role of the Home State in Investment Treaty Arbitration2010International Disputes Group, Washington, D.C.
- International Courts and Tribunals2009Columbia Law School, New York, NY
Brigham Young University Law School, Provo, UT
University of Cambridge, LLM, First Class Honors, 2007
Columbia Law School, JD, 2006
- Harlan Fiske Stone Scholar
- Parker School Recognition of Achievement in Foreign
and Comparative Law
University of Utah, BA, President's Scholar, 2002
- Utah, 2014
- Practicing International Law, 2013
- District of Columbia, 2008
- New York, 2007
Honors & Awards
- Pro Bono Award: Assisted in constitutional reform in the Arab Republic of Egypt and the Federal Democratic Republic of Nepal, focusing on equal protection, freedom of expression, separation of powers, and the political question doctrine (2010)
- Willem C. Vis International Arbitration Moot, Vienna, Austria: First Place for Claimant's Memorandum, Honorable Mention for Respondent’s Memorandum, Oral Team Semi-Finalist (2006)
- Utah Legal Elite: Corporate Counsel
- Mountain States Super Lawyers: Rising Star for International (2016)